Tillie May Pouch v. Prudential Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Tillie May Pouch, from an order of the Supreme Court, made at the New York Special Term and "entered in the officeof the clerk of the county of New York on the 10th day of August, 1911.
1DissentLaughlin, J.
The material facts are stated in the opinion of Mr. Justice McLaughlin, and it is unnecessary to restate them here.
If the order from which the appeal is taken be sustained, then a precedent is established by which the defendant in an action specified in section 820 of the Code of Civil Procedure may be changed at the will and caprice of the party originally made a defendant, and the plaintiff may be delayed in recovering money or property belonging to him and left to establish his cause of action as against an irresponsible defendant who has not even a colorable claim thereto, and with no…
2Cases cited3 opinions
- St. John v. Union Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1909
- People ex rel. Eden Musee American Co. v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1901
- Western Commercial Travelers' Ass'n v. LangeheinekenAppellate Division of the Supreme Court of the State of New York · 1910